Workplace Safety & OSHA

The Adams & Reese Workplace Safety and Occupational Safety and Health Administration (OSHA) team looks to address proactively the health, safety, and security issues companies face before an enforcement agency enters the workplace, by advising of significant developments and keeping clients informed of enforcement trends. When necessary, we defend companies following regulatory citations issued by OSHA, OHS, MSHA or any of the more than two-dozen state or provincial agencies.

Clients seek our assistance in ensuring that workplace safety rules comport with OSHA requirements, evaluating the effectiveness of safety programs in the workplace, and performing audits and mock inspections to determine vulnerabilities in the event of an OSHA inspection. The team also interacts with third-party safety consultants to deliver cost-effective compliance advice and counsel.

We have handled hundreds of OSHA citations and litigated through the administrative process at the Occupational Safety & Health Review Commission (OSHRC) and state agency equivalents, including CAL-OSHA, WISHA, MIOSHA, IOSHA, and OR-OSHA. Our lawyers also have appealed adverse decisions in the court system and have several reported decisions on safety-related issues.

 Here are a few recent examples of our experience:

• Represented a construction materials company with regard to an OSHA investigation following the workplace injury of an employee. We guided the client in responding to information requests from OSHA during the investigation and outlined a strategy for the response.
• Defended a contractor against OSHA in a fatality investigation involving multiple wilful citations and one of the largest fines ever assessed for an employer.
• Trained employees of a security industry client on CAL OSHA-specific record keeping and compliance, and assisted in audits by CAL-OSHA.
• Regularly provide safety training for construction associations and draft toolbox talks, safety policies and procedures, and safety manuals.
• Served as counsel responsible for the development of expert witnesses on complex OSHA issues related to product liability and toxic tort litigation in jurisdictions throughout the country.

Summary

The Adams & Reese team is involved in every aspect of workplace health and safety in construction and general industry. Many of our lawyers have completed specialty safety trainings, including HAZWOPER-24, OSHA-10 and OSHA-30. In addition, we have a dedicated safety trainer who has both OSHA-500 and OSHA-510 (train the trainer) certifications. Our attorneys routinely speak for the National Safety Council and regularly contribute as stakeholders in the OSHA rulemaking process. Our team includes the author of two Amazon bestselling books, OSHA Defense for the Construction Industry, now in its third edition, and OSHA Defense: Know Your Rights.

We have represented clients with serious, repeat, and wilful violations, including dozens of citations based on catastrophic fatalities. Our years of experience dealing with inspectors and area directors allow us to navigate the process efficiently and provide clients with legal advice focused on increasing workplace safety.

 Defining Strengths

We counsel clients on a wide range of matters, including:

• Appeal of adverse decisions
• Citation negotiations and resolution
• Counseling for management team
• Drafting safety manuals
• Handling inspections and future preparation
• Litigation and trial of citations
• Mine Safety and Health Administration (MSHA)
• OSHA record keeping
• Safety training and best practices through SOPs
• Workplace accident investigations